Criminal Identity Theft and The Statute Of Limitations?

“I would like to know about criminal identity theft and the statute of limitations? I need to know how many years the statute of limitations kicks in after someone has stolen someones identity? I want to know how long I have to seek justice in getting this scumbag prosecuted and locked up?”

A reader submitted the above question on criminal identity theft and the statute of limitations…

I’m going to defer to the great comment left by a reader (below) of Identity Protection Reports about the statute of limitations when dealing with criminal identity theft.



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5 Responses to “Criminal Identity Theft and The Statute Of Limitations?”

  1. Cheryl Toney says:

    I would greatly like to be contacted.I am a victim of idenity fraud and was told that I might not be able to do anything because there is a time limit.She brought vehicles in my name .utilities.
    Cheryl Toney

  2. help says:

    I have been a victim of investment and identity theft fraud. My case was transferred to my local sheriff to LA metro to Los Angeles commercial crimes. The detective for some reason finds a reason not to pursue it for some reason and it’s been two years. Isn’t that statue of limitations four years for identity theft and forgery? Los Angeles is already a crooked city, but if a cop can’t identify a crime with a witness backing me up, this city is in deep trouble.

  3. victim 3 times says:

    I have been a victim 3 times by the same person and have been informed, 3 times, by law enforcement that they cannot follow through with prosecution due to lack of evidence. This person pays for fradulent accounts with personal checks from their personal account, opens account with their name, address, info and has repeatedly done so with my social security number. At what point do they pay for the hassle (big understatement) that I have gone through to clear my credit, file a report with the police, and contact the numerous credit agencies and debtors who are trying to collect on these fradulent accounts? When is enough, ENOUGH?!

  4. Texas says:

    Very interesting information about identity theft. Thank you for posting this. :-)

  5. Bill Davis says:

    It depends on the jurisdiction (state) where the crime occurred. I don’t know where you are located, but in California the statute of limitations for criminal identity theft appears to be three to four years.

    Here is some information re: criminal identity theft in California:

    Penal Code

    801. Except as provided in Sections 799 and 800, prosecution for an offense punishable by imprisonment in the state prison shall be commenced within three years after commission of the offense.

    801.5. Notwithstanding Section 801 or any other provision of law, prosecution for any offense described in subdivision (c) of Section 803 shall be commenced within four years after discovery of the commission of the offense, or within four years after the completion of the offense, whichever is later.

    Section 803:
    803. (a) Except as provided in this section, a limitation of time
    prescribed in this chapter is not tolled or extended for any reason.

    (b) No time during which prosecution of the same person for the
    same conduct is pending in a court of this state is a part of a
    limitation of time prescribed in this chapter.
    (c) A limitation of time prescribed in this chapter does not
    commence to run until the discovery of an offense described in this
    subdivision. This subdivision applies to an offense punishable by
    imprisonment in the state prison, a material element of which is
    fraud or breach of a fiduciary obligation, the commission of the
    crimes of theft or embezzlement upon an elder or dependent adult, or
    the basis of which is misconduct in office by a public officer,
    employee, or appointee, including, but not limited to, the following
    offenses:
    (1) Grand theft of any type, forgery, falsification of public
    records, or acceptance of a bribe by a public official or a public
    employee.
    (2) A violation of Section 72, 118, 118a, 132, 134, or 186.10.
    (3) A violation of Section 25540, of any type, or Section 25541 of
    the Corporations Code.
    (4) A violation of Section 1090 or 27443 of the Government Code.
    (5) Felony welfare fraud or Medi-Cal fraud in violation of Section
    11483 or 14107 of the Welfare and Institutions Code.
    (6) Felony insurance fraud in violation of Section 548 or 550 of
    this code or former Section 1871.1, or Section 1871.4, of the
    Insurance Code.
    (7) A violation of Section 580, 581, 582, 583, or 584 of the
    Business and Professions Code.
    (8) A violation of Section 22430 of the Business and Professions
    Code.
    (9) A violation of Section 10690 of the Health and Safety Code.
    (10) A violation of Section 529a.
    (11) A violation of subdivision (d) or (e) of Section 368.

    CALIFORNIA PENAL CODE SECTION 530.5
    ยง 530.5. Unauthorized use of personal identifying information; Mail theft

    (a) Every person who willfully obtains personal identifying information, as defined in subdivision (b) of Section 530.55, of another person, and uses that information for any unlawful purpose, including to obtain, or attempt to obtain, credit, goods, services, real property, or medical information without the consent of that person, is guilty of a public offense, and upon conviction therefor, shall be punished by a fine, by imprisonment in a county jail not to exceed one year, or by both a fine and imprisonment, or by imprisonment in the state prison.

    (b) In any case in which a person willfully obtains personal identifying information of another person, uses that information to commit a crime in addition to a violation of subdivision (a), and is convicted of that crime, the court records shall reflect that the person whose identity was falsely used to commit the crime did not commit the crime.

    (c)

    (1) Every person who, with the intent to defraud, acquires, or retains possession of the personal identifying information, as defined in subdivision (b) of Section 530.55, of another person is guilty of a public offense, and upon conviction therefor, shall be punished by a fine, by imprisonment in a county jail not to exceed one year, or both a fine and imprisonment.

    (2) Every person who, with the intent to defraud, acquires or retains possession of the personal identifying information, as defined in subdivision (b) of Section 530.55, of another person, and who has previously been convicted of a violation of this section upon conviction therefor shall be punished by a fine, by imprisonment in a county jail not to exceed one year, or by both a fine and imprisonment, or by imprisonment in the state prison.

    (3) Every person who, with the intent to defraud, acquires or retains possession of the personal identifying information, as defined in subdivision (b) of Section 530.55, of 10 or more other persons is guilty of a public offense, and upon conviction therefor, shall be punished by a fine, by imprisonment in a county jail not to exceed one year, or by both a fine and imprisonment, or by imprisonment in the state prison.

    (d)

    (1) Every person who, with the intent to defraud, sells, transfers, or conveys the personal identifying information, as defined in subdivision (b) of Section 530.55, of another person is guilty of a public offense, and upon conviction therefor, shall be punished by a fine, by imprisonment in a county jail not to exceed one year, or by both a fine and imprisonment, or by imprisonment in the state prison.

    (2) Every person who, with actual knowledge that the personal identifying information, as defined in subdivision (b) of Section 530.55, of a specific person will be used to commit a violation of subdivision (a), sells, transfers, or conveys that same personal identifying information is guilty of a public offense, and upon conviction therefor, shall be punished by a fine, by imprisonment in the state prison, or by both fine and imprisonment.

    (e) Every person who commits mail theft, as defined in Section 1705 of Title 18 of the United States Code, is guilty of a public offense, and upon conviction therefor shall be punished by a fine, by imprisonment in a county jail not to exceed one year, or by both a fine and imprisonment. Prosecution under this subdivision shall not limit or preclude prosecution under any other provision of law, including, but not limited to subdivisions (a) to (c), inclusive, of this section.

    (f) An interactive computer service or access software provider, as defined in subsection (f) of Section 230 of Title 47 of the United States Code, shall not be liable under this section unless the service or provider acquires, transfers, sells, conveys, or retains possession of personal information with the intent to defraud.

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